According to Florida Statute 509.035; an emergency closure is not a disciplinary action, but rather an action taken to mitigate conditions that pose an elevated risk to the health, safety or welfare of the public or the establishment's employees. The licensee is closed until the conditions are corrected. Examples of conditions warranting immediate closure include: lack of approved utilities or hot water, sewage backups or overflows, fire damage, pest infestation or inadequate refrigeration.

A 24-hour callback inspection will be performed after an emergency closure or emergency suspension of license. The establishment may reopen only when a division inspection shows that all critical violations that caused the suspension are corrected.

We find no records that indicate that Wendy's #7959, Melbourne has ever been issued an emergency closure.

1 Disciplinary Activity Orders Since January 2007

The Division of Hotels and Restaurants conducts regular inspections of public food service establishments to assure compliance with state sanitation and safety laws.

Wendy's #7959 either allowed conditions to exist that pose an immediate threat to the public's health and safety or repeatedly did not correct non-critical violations noted during routine and call-back inspections, despite being given oral and written warnings and ample time to do so.

Each of the listed cases involves either a signed stipulation (“settlement”) between the Department of Business and Professional Regulation (DBPR) and Wendy's #7959 or a Final Order issued after a formal administrative hearing has been conducted. Section 509.261, Florida Statutes, authorizes the Division of Hotels and Restaurants to fine, suspend or revoke the license of establishments that do not comply with state health and safety laws.

Case Number: 4--2011002710 - On February 10, 2011 Wendy's #7959, Melbourne was ordered to pay $750 for violations observed during its December 28, 2010 inspection.

No (0) Food Misrepresentation Cases Since March 2006

According to Florida Statute 509.292; an operator may not knowingly and willfully misrepresent the identity of any food or food product to any of the patrons of such establishment.

The identity of food or a food product is misrepresented if:

The description of the food or food product is false or misleading in any particular;

The food or food product is served, sold, or distributed under the name of another food or food product; or

The food or food product purports to be or is represented as a food or food product that does not conform to a definition of identity and standard of quality if such definition of identity and standard of quality has been established by custom and usage.

We find no records that indicate that Wendy's #7959, Melbourne has ever been cited for food misrepresentation.

2 Food Service Inspections Since July 1, 2014

Inspection For:WENDY'S 7959

License Number:1505195

License ID:5666167

Inspection Visit ID:5396008

Inspection Date:Tuesday, November 18, 2014

Inspection Number:2445474

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:0

Number of High Priority Violations:0

Number of Intermediate Violations:0

Number of Basic Violations:0

Inspection For:WENDY'S 7959

License Number:1505195

License ID:5666167

Inspection Visit ID:5122782

Inspection Date:Tuesday, January 28, 2014

Inspection Number:2369432

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

41-08-4High Priority.Toxic substance/chemical stored by or with clean or in-use utensils. Spray bottle over clean pans next to 3 bay sink **Corrected On-Site**

Inspection For:WENDY'S 7959

License Number:1505195

License ID:5666167

Inspection Visit ID:5122781

Inspection Date:Friday, October 18, 2013

Inspection Number:2369431

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of High Priority Violations:0

Number of Intermediate Violations:1

Number of Basic Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

13-03-4Basic.Employee with no hair restraint while engaging in food preparation. **Corrected On-Site**

03D-16-4Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling.

3 Food Service Inspections for July 1, 2012 - June 30, 2013

Inspection For:WENDY'S 7959

License Number:1505195

License ID:5666167

Inspection Visit ID:5122781

Inspection Date:Friday, October 18, 2013

Inspection Number:2369431

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:2

Number of High Priority Violations:0

Number of Intermediate Violations:1

Number of Basic Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

13-03-4Basic.Employee with no hair restraint while engaging in food preparation. **Corrected On-Site**

03D-16-4Intermediate.Potentially hazardous (time/temperature control for safety) food covered while cooling.

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:4944723

Inspection Date:Tuesday, June 25, 2013

Inspection Number:2278268

Visit Number:1

Inspection Class:Food

Inspection Type:Complaint Full

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:7

Number of High Priority Violations:3

Number of Intermediate Violations:2

Number of Basic Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

36-22-4Basic.Floor area(s) covered with standing water. Throughout sink area and kitchen. **Corrected On-Site**

36-19-4Basic.Floor under dishmachine or three-compartment sink area soiled.

12A-06-4High Priority.Employee failed to wash hands before putting on new set of gloves to work with food.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:7

Number of Critical/Risk Violations:6

Number of Noncritical Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

05-09-1Critical. No conspicuously located thermometer in holding unit. Meat cooler on cook line Corrected On Site.

15-32-1Observed reach-in cooler gasket torn fry anf front line

22-21-1Critical. Observed soil buildup inside ice bin on front line.

27-16-1Critical. Hot water not provided/shut off at employee hand wash sink. Corrected On Site.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:6

Number of Critical/Risk Violations:4

Number of Noncritical Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

23-07-1Observed gaskets with slimy/mold-like build-up.

27-16-1Critical. Hot water not provided/shut off at employee hand wash sink. Drive thru Corrected On Site.

36-12-1Floors not constructed easily cleanable. Grout missing around tiles through out kitchen causeing water tonstand and food

5 Food Service Inspections for July 1, 2010 - June 30, 2011

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:4208280

Inspection Date:Monday, March 21, 2011

Inspection Number:1999817

Visit Number:2

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

Total Number of Violations:1

Number of Critical/Risk Violations:0

Number of Noncritical Violations:1

Details

ViolationObservations of Inspector [as written on inspection]

11 05-09-1 no ambient air thermometers in the reach coolers , must be complied by the next unnanounsed routline inspection

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:4209020

Inspection Date:Monday, March 21, 2011

Inspection Number:2039686

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:5

Number of Critical/Risk Violations:3

Number of Noncritical Violations:2

Details

ViolationObservations of Inspector [as written on inspection]

03A-07-1Critical. Observed potentially hazardous food cold held at greater than 41 degrees Fahrenheit. White cheese in the top of the sandwiche make box Corrected On Site.

53A-09-1Critical. No currently certified food service manager on duty with four or more employees engaged in food preparation. Repeat Violation. 4 employees on site Person in charge,2 crew and maintance.

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:4076458

Inspection Date:Monday, September 13, 2010

Inspection Number:1999818

Visit Number:2

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Call Back - Complied - Return visit from a previous warning found violations to be corrected.

Total Number of Violations:0

Number of Critical/Risk Violations:0

Number of Noncritical Violations:0

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:4016864

Inspection Date:Tuesday, July 13, 2010

Inspection Number:1999818

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Warning Issued - Sanitary and/or safety conditions require the inspector to return in the near future to ensure corrective action has been taken for violations found.

53A-09-1Critical. No currently certified food service manager on duty with four or more employees engaged in food preparation.

2 Food Service Inspections for July 1, 2009 - June 30, 2010

Inspection For:WENDYS #7959

License Number:1505195

License ID:3986235

Inspection Visit ID:3680318

Inspection Date:Monday, January 25, 2010

Inspection Number:1888597

Visit Number:1

Inspection Class:Food

Inspection Type:Routine - Food

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Total Number of Violations:5

Number of Critical/Risk Violations:1

Number of Noncritical Violations:4

Details

ViolationObservations of Inspector [as written on inspection]

08A-29-1Critical. Observed swiss cheese on bottom of cook line RIC in no container or covered. Corrected On Site. Discarded

15-31-1Observed bottom of trash cans badly cracked

23-06-1Observed heavy build-up of food debris, dust or dirt where single service cups are stored in drive thru

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Inspection Disposition:Inspection Completed - No Further Action - Sanitary and safety conditions did not warrant a follow-up visit to ensure correction. Establishment will be inspected again at the next routine interval.

Each restaurant inspection report is a “snapshot” of conditions present at the time of the inspection. On any given day Wendy's #7959 in Melbourne Florida may have fewer or more violations than noted in their most recent restaurant inspection. An inspection conducted on any given day may not be representative of the overall, long-term conditions at Melbourne's Wendy's #7959.

A summary of violations found during inspections are listed in the Food Service Inspection boxes above. Cited are violations of Florida's sanitation and safety laws, which are based on the standards of U.S. Food and Drug Administration's Food Code.

Effective January 1, 2013, the Florida Division of Hotels and Restaurants adopted a new three-tiered violation classification system that replaces the "critical" or "non-critical" classification in use up until then. The new system uses the terms "High Priority," "Intermediate" and "Basic" which better define violation information for consumers, making it easier to understand.

In general, High Priority violations are those which could contribute directly to a foodborne illness or injury. Although the Department of Business and Professional Regulation (DBPR) uses the term "High Priority", varying degrees of severity and potential risk to the public require inspectors to assess each situation in determining the appropriate action. In addition, while Wendy's #7959 may have multiple violations, the inspectors' training and judgment formulate the overall result of the inspection to ensure public health and safety.

Intermediate violations are those which, if not addressed, could lead to risk factors that contribute to foodborne illness or injury. Basic violations are those which are considered best practices to implement.

Formally, Critical violations were those that, if not corrected, were more likely to contribute directly to food contamination, illness or environmental damage. Noncritical violations did not directly relate to foodborne illness risk, but were preventive measures that included practices and procedures which effectively controled environmental conditions. Left uncorrected, noncritical violations could undermine the overall food safety program of an establishment and lead to the development of critical violations.

While most establishments correct all violations in a timely manner (often during the inspection), the division's procedures are designed to compel compliance with all violations through follow-up visits, administration action or closure when necessary.

Violations listed refer to the revelant section of Florida regulation that has been observed to be deficient during the inspection. Each establishment must comply with the language of the inspection statement. For purposes of enforcement and compliance, the DBPR recognizes the status as printed on the inspection form, although the severity of the violation observed may warrant additional action regardless of its "High Priority/Intermediate/Basic" or "critical/noncritical" designation.